Weiner v. White Motor Co.

Dissenting Opinion by

Packel, J.:

I agree with the appellee’s position that the court below did not err in permitting the submission to the jury of the defendant’s liability under Section 402A of Restatement 2d, Torts. I do not agree with the appellee that we cannot review the issue of whether the award for pain and suffering was excessive. The appellant gave formal appeal notice of the issue that there should be no such award and, therefore, should not be precluded from raising the issue of its excessiveness, which was briefed and argued before us.

As a result of a sudden burst of fire in a…